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Emmons v. Elmwood Hills Healthcare - Nursing Home Rights Act Fee Shifting
The New Jersey Superior Court Appellate Division issued an opinion interpreting the counsel fee-shifting provision of the New Jersey Nursing Home Responsibilities and Rights of Residents Act. The case, Emmons v. Elmwood Hills Healthcare Center, LLC, concerns the recovery of attorney's fees for prevailing plaintiffs in actions alleging violations of residents' rights.
State of New Jersey v. Tyrell Jackson - Criminal Appeal
The New Jersey Superior Court Appellate Division issued an opinion regarding Tyrell Jackson's criminal appeal. The case returns following an evidentiary hearing on Jackson's post-conviction relief petition, which raised ineffective assistance of counsel claims related to trial counsel's failure to investigate alibi witnesses. The court affirmed in part but remanded for an evidentiary hearing on specific alibi witness claims.
H.Z. v. Department of Human Services - Neglect Case
The New Jersey Superior Court affirmed a final agency decision placing H.Z. on a Central Registry, barring him from certain caregiver positions due to substantiated neglect of an adult resident at a facility for the developmentally disabled. The court found sufficient evidence of neglect, upholding the agency's decision despite the non-precedential nature of the opinion.
C.A.A. v. S.I.A. - Domestic Violence Restraining Order Appeal
The New Jersey Superior Court Appellate Division reviewed a domestic violence case, C.A.A. v. S.I.A. The court affirmed the issuance of a final restraining order against the defendant but vacated the award of attorney's fees, remanding for further proceedings.
Supreme Court: Olivier v. City of Brandon - First Amendment Case
The Supreme Court ruled that a street preacher's lawsuit challenging a city ordinance restricting protest areas can proceed, even after his conviction for violating the ordinance. The Court held that the Heck v. Humphrey decision, which bars ยง1983 suits challenging prior convictions, does not apply when a plaintiff seeks only prospective relief.
Sondag v. Orthopaedic Specialists, P.C. - Medical Malpractice Appeal
The Iowa Supreme Court issued an opinion in Sondag v. Orthopaedic Specialists, P.C., concerning a medical malpractice case. The court reviewed the dismissal of the case due to a decertified expert witness, affirming the lower court's decision to revisit a prior ruling on good cause for extending the expert witness deadline.
Iowa Supreme Court Reverses Medical Malpractice Dismissal
The Iowa Supreme Court reversed a district court's dismissal of a medical malpractice suit, finding that the dismissal four years after the initial filing was an abuse of discretion. The court vacated the decision of the Iowa Court of Appeals and remanded the case for trial.
State v Heiller - Theft Convictions Appeal
The Iowa Supreme Court issued an opinion in State v. Heiller, addressing appeals related to theft convictions. The court affirmed the convictions, finding sufficient evidence for taking and intent, and that territorial jurisdiction was not preserved as a sufficiency issue. The decision clarifies the handling of territorial jurisdiction claims and jury instructions in criminal appeals.
State of Iowa v. Dillon Michael Heiller - Theft Conviction Appeal
The Iowa Supreme Court reviewed a theft conviction appeal. The court affirmed the conviction for theft that occurred in Iowa but reversed the conviction for theft of a vehicle stolen in Wisconsin due to insufficient evidence. The case is remanded for further proceedings.
Iowa Supreme Court - Attorney Disciplinary Board v. Valerie Cramer
The Iowa Supreme Court has published its opinion in Case No. 25-1244, Attorney Disciplinary Board v. Valerie A. Cramer. The respondent is appealing findings of rule violations and the recommended sanction, arguing the proceedings lacked fairness and evidence. The court's opinion addresses these arguments.
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